2020_JUN _DiveEquip_RFR_FINAL_1_Rvsd-SEP2020.doc

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION (MassDOT)

10 PARK PLAZA

BOSTON, MA 02116

REQUEST FOR RESPONSE (RFR)

Divers’ Equipment: Sales and Service

COMMBUYS:

Project Info #111437 Date: 27 March 2020 Revised 28 Sept 2020 (see page 14) Rolling Enrollment: Bidders may submit qualifications response at anytime

RFR Introduction and General Description

11.1 Procurement Scope and Description

11.2 Background Information

11.3 Applicable Procurement Law

11.4 Number of awards

11.5 Adding Contractors after initial Contract award

11.6 Eligible Entities

1.7 Acquisition Method(s) 1.8 Contract Duration 21.9 Estimated Value of the Contract

1.10 Questions…………………………………………………………………………………...3

Estimated Procurement Calendar

32.1 Amendment Deadline

Specifications

33.1 Project Goal:

43.2 Funding of Contract

3.3 Confidentiality and Security 3.3.1 Pricing 53.4 Payments

53.5 Subcontracts

3.6 Bidder’s Liability 3.7 Contract Management 63.8 Vendor Warranty

Audit Evaluation criteria bid Qualifications Forms 7.1 Supplier Diversiy Program

HOW TO SUBMIT A BID RESPONSE

Required Terms

119.1.1 Alterations

119.1.2 Ownership of Submitted Quotes

119.1.3 Prohibitions

119.2 Terms and Requirements Pertaining to Awarded Contracts

119.2.1 Commonwealth Tax Exemption

119.2.2 Service Provider’s Contact Information

9.2.49.2.3 Publicity Standards of Performance and Qualifications ……………………………………12

10 INSURANCE

……………………………………………………………………12

11 OTHER SPECIFICATIONS

……………………………………………………15

MASSDOT RESPONSE FORM

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Massachusetts Department of Transportation (MassDOT) seeks vendors qualified to provide for the repair, maintenance and purchase of diving equipment, boats, motors and other miscellaneous items of equipment associated with conducting underwater operations on a statewide basis.

1.2 Background Information

MassDOT operates a wide array of transportation systems throughout the Commonwealth, many of which are integrated with Federal and neighboring states. A broad array of equipment is required to keep these systems running efficiently, providing a safe system for all users. This includes equipment needed for the underwater inspection of bridges and similar ancillary structures.

NOTE: MassDOT monitors closely products and vendors available through statewide contracts managed by the Operational Services Division (OSD) . MassDOT does not seek to replace product or vendors currently available through OSD statewide contracts by this solicitation.

1.3 Applicable Procurement Law

This Bid is issued under the following laws: MGL c. 7, § 22; c. 30, § 51; § 52; 801 CMR 21.00

1.4 Number of awards

MassDOT intends to make Multiple awards.

1.5 Adding Contractors after Initial Contract Award

If, over the life of the Contract, MassDOT determines that additional contractors should be added, these may first be drawn from qualified companies which responded to this solicitation but were not awarded contracts. If necessary to meet the needs of MassDOT, the solicitation may be reopened to obtain additional responses from interested vendors

1.6 Eligible Entities

Any Master Service Agreement contract (MMARS Code- MA) resulting from this solicitation may be utilized by other Commonwealth public entities upon MassDOT’s discretion and approval. Upon approval, entities must execute their own separate contract that meets their own legal and business requirements and will be responsible to manage the contract on their own behalf.

1.7 Acquisition Method(s)

This solicitation is for the pre-qualification of suitable vendors. Subsequent acquisitions from selected vendors will be through the purchase of goods and/or services.

1.8 Contract Duration

Initial Duration

Total Maximum Contract Duration

Up to 7

Each contractor’s performance will be evaluated on an ongoing basis. This evaluation will be used to determine whether or not to exercise any option to renew. Renewal of contracts will be at the full discretion of the agency and subject to the performance evaluation. This evaluation may include, but not limited to, the following criteria:

· Vendor has performed well on project assigned

· Vendor provided a key individual to serve as a liaison and provided contact information

· Vendor responds to agency inquiries on a timely basis

· Vendor communication is clear and helpful

· Vendor files invoices and reports on a timely basis

· Vendor skill sets remain in keeping with the expectations of the solicitation.

· Vendor assigned staff as presented in the original proposal (individuals and skill sets pledged) The length of the contract, specifically the contract start date, is dependent upon receiving properly executed award paperwork from the vendor. If award paperwork is received late, the full contract length may be less than indicated above. The contract end date shall remain the same for all vendors. No agreements for services may be executed after the Contract has expired.

1.9 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this solicitation is $400,000 over the life of the potential award, including renewals. MassDOT may add additional funding during the term of the contract.

MassDOT makes no guarantee that any commodities or services will be purchased from any contract resulting from this Bid. Any estimates or past procurement volumes referenced in this solicitation are included only for the convenience of respondents and are not to be relied upon as any indication of future purchase levels. The estimated value is based on spending on previous, similar contracts.

1.10 QUESTIONS

Questions regarding this solicitation will only be accepted via the Q & A tab on Commbuys soiicitation. These questions, and their answers, will be available for all to view. Questions will NOT be accepted by other means, including email.

2 Estimated Procurement Calendar

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Estimated Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Estimated Procurement Calendar updates.

2.1 Amendment Deadline

MassDOT reserves the right to amendment this solicitation after initial publication. It is each interested vendor’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this solicitation, and any related solicitation Q&A records. MassDOT accepts no responsibility and will provide no accommodation to Bidders who submit a response based on out-of-date posted information or on information received from a source other than COMMBUYS.

3 Specifications

3.1 Project Goal

MassDOT operates a wide array of multi-modal transportation systems throughout the Commonwealth, many of which are integrated with Federal and neighboring states. To safeguard the proper maintenance and operation of this network, MassDOT requires a broad array of services and items not available on OSD statewide contracts.

For that reason, MassDOT seeks vendors who may provide for the repair, maintenance and purchase of diving equipment, boats, motors and other miscellaneous items of equipment associated with conducting underwater operations/inspections on a statewide basis. The contract may be utilized by other Commonwealth public entities upon MassDOT’s discretion and approval. Upon approval, entities must execute their own separate contract that meets their own legal and business requirements and will be responsible to manage the contract on their own behalf.

MassDOT reserves the right to request that the vendor provide additional related services or products during the term of any contract awarded under this RFR.

3.2 Funding of Contract

MassDOT is seeking proposals that demonstrate the best value for equipment, parts, and/or service purchased. Funding may come from a variety of budget sources.

3.3 Confidentiality and Security

Selected vendors may work with highly confidential information, sensitive security information, and other information protected from unauthorized disclosure. Selected vendors and vendor staff associated with the awarded contract will abide by MassDOT and other agency confidentiality and privacy provisions, all confidentiality provisions contained in the MassDOT Terms and Conditions, and all applicable state and Federal laws and regulations, now in effect, or which become effective during the term of this contract.

3.3.1 Pricing

Vendor selection will include a consideration for product and/or service price. MassDOT will evaluate a percentage discount from list price as part of the pre-qualification process.

MassDOT reserves the right to negotiate price adjustments with any vendor during the term of the Master Service Agreement contract. Such negotiation may be initiated by MassDOT to ensure ongoing best value. At times, negotiations may be initiated by the vendor for reasons associated with circumstances beyond their control. Proposals must be received 45 calendar days prior to the contract anniversary or extension date. The vendor must submit a formal written request on letterhead for any such adjustment to the MassDOT contract manager.

Proposals for price adjustments must include, but are not limited to:

· Identified price increase and their source, e.g., raw material, freight fuel labor.

· Copies of business publication(s), market quotations, or the trade journals generally recognized-as representative of the trade or industry that indicate market trends for the Contract Commodities.

· Copies of old and new price lists, if applicable, reflecting price changes.

The requested price adjustment(s) must contain a requested effective date. In the event that MassDOT rejects the price change, the Contractor may continue to perform ·under the extension option.

MassDOT reserves the right to negotiate price and product specifications at any time during the contract period for the best interests of MassDOT. MassDOT reserves the right to request additional information. MassDOT reserves the right to reject any requested price increases which they deem excessive. MassDOT also reserves the right to negotiate decreases in pricing.

3.4 Payment

All payments under this Agreement shall be made in accordance with the Commonwealth's bill paying policy as defined in the Terms and Conditions. Vendors are encouraged to participate in the Commonwealth’s Prompt Payment Discount (PPD) program which will allow for faster payment funds upon receipt of a vendor invoice. Participation in PPD is an element of the evaluation criteria.

3.5 Subcontracts

Prior written approval from MassDOT is required for any subcontracted services required to meet the objectives of any Statement of Work for services issued under a Master Service Agreement issued as a result of this RFR. Contractors are responsible for the satisfactory performance and adequate oversight of their subcontractors. MassDOT holds the vendor under contract responsible for meeting the requirements of the contract even if a subcontractor is performing specific services.

All proposed subcontractors must be disclosed in full. The information furnished must include a description of the work to be performed by each subcontractor and the percentage of the total effort that work represents.

Vendors are responsible for full compliance of its subcontractors and suppliers with all requirements arising under Federal, State and Municipal laws, ordinances, rules and regulations, as may be applicable.

Any consent to subcontract any part of the work shall not be construed to be an acceptance by MassDOT of the subcontract or any of its terms, but shall operate only as authorization to enter into the subcontract between the MassDOT contracted vendor and the proposed subcontractor.

3.6 Bidder’s Liability

The Bidder hereby agrees to release MassDOT from all liability in connection with the payment of damages, claims, freight charges, demurrage, cost of material and other claims or demands of whatever nature which may arise, during the Contractor's performance of work under any order issued pursuant to a contract awarded under this Request for Response.

The Bidder agrees that title, ownership and the incidents thereto of all materials to be purchased under any contract resulting from this solicitation shall not vest in MassDOT until such materials are delivered and accepted.

3.7 Contract Management

Respondents shall provide a Vendor Account Manager. The Vendor Account Manager shall be responsible for oversight and management of contract performance and shall act as the contact person for receipt of notice and other communications between MassDOT and the Contractor. The Vendor Account Manager must respond within 24 hours to MassDOT if contacted.

Vendor Account Manager:

Respondents must provide in its submission the name of at least one individual who will be the Vendor Account Manager. This individual will be responsible for:

Proper operation and administration of the contract by the vendor.

Responding in a timely manner and in writing unless instructed otherwise, to all requests from the MassDOT Contract Manager.

Supplying information and serving as liaison between the vendor and MassDOT.

MassDOT may require the vendor to relieve the Vendor Account Manager if:

The Account Manager does not support the contract requirements.

The Account Manager does not deliver work which conforms to the requirements demonstrated in this contract.

Issues with the Account Manager that hinders effective functioning of the contract.

3.8 Vendor Warranty

Vendors shall honor all manufacturer warranties on materials purchases (equipment, parts, etc), providing for return free of any and all shipping/postage costs and free of the cost of shipping/delivery of any replacement item.

Service on MassDOT equipment shall be warrantied for a minimum of sixty (60) days. There will be no payments made for call-backs for the same issue within the 60 day period, unless manufacture’s defect is demonstrated. In such cases, the item shall be replaced at no additional cost by the vendor per the terms of the manufacturer’s warranty.

4 Audit

During the term of any contract awarded under this RFR and for a period of six (6) years thereafter, MassDOT, its auditors, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to selected vendor’s accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that the selected vendor has underperformed in providing goods or services to MassDOT, then the vendor shall remit the funds due and be responsible for payment of any costs associated with the audit.

5 Evaluation criteria

A Selection Committee comprised of employees from MassDOT and its subject matter experts will use the following process and criteria to evaluate proposals:

Evaluation criteria include:

For parts and equipment

· Price - percent discount from list/catalogue For service:

· Hourly rates

· Accessibility to facilities throughout the Commonwealth

For all

· Nature of equipment/Meets a need of the agency contracting for service/parts

· Experience - Years in Business

· Proven experience/qualifications of the Vendor Account Manager

· Business References (Minimum of three relevant references required)

· Prompt Payment Discount

· Supplier Diversity Commitment

The Selection Committee must be able to determine that the Bidder has the management, technical experience and capacity, and capabilities to perform the requirements of the scope of services. Failure to provide the information necessary to meet these requirements in their response may result in disqualification.

While price will be heavily valued in the evaluation criteria, MassDOT seeks best overall value. Awards will be made to the responsible vendor whose proposal is most advantageous to MassDOT, but not necessarily to any particular vendor quoting the lowest dollar amount, greatest percent discount from list, and/or lowest service rates. MassDOT reserves the right to request clarification of responses following submission, and to determine that any non-compliance is insubstantial, can be corrected, or that an alternative proposed by the respondent is acceptable.

6 bid Qualifications

MassDOT reserves the right to suspend, withdraw, or amend this RFR at any time, for any reason, and to reject any Proposal not submitted in conformance with the requirements of this solicitation. This RFR is not an offer, and it is not being issued by MassDOT under any statutory requirement.

Any response submitted as a result of this RFR may be rejected if in MassDOT’s sole judgment it fails to meet the requirements of the RFR, is incomplete, conditional, or obscure; contains additions, deletions, alterations, errors, or other irregularities; or is submitted by a vendor not experienced or capable of performing the scope of services or providing the items sought. MassDOT reserves the right to accept or reject any or all responses.

7 Forms The following items shall be submitted by respondent as part of the response. These are available at https://www.mass.gov/lists/osd-forms as well as posted on COMMBUYS in connection with this RFR (see Attachments tab). The respondent should complete all VENDOR information requested and sign/date. Digital signatures (e-sign/docu-sign/Adobe signatures) are accepted. Do NOT lock document on signing so MassDOT may fully execute the contract, if selected.

1. Authorized Signatory Listing Form

2. Executive Order 515, establishing an environmental purchasing policy/EPP plan

3. SDP Plan Form #1 – SDP Plan Commitment

4. MassDOT Standard Contract Form

5. MassDOT Terms and Conditions

6. Prompt Pay Discount Form

7. Massachusetts Substitute W9 Form

8. Electronic Funds Transfer Form Additional items not posted as separate forms on the Commbuys bid are also required with each response:

9. MassDOT Response Form for Divers’ Equipment (See page 18 below)

10. Certificate of Insurance (available from your insurance agent - see insurance requirements on page 12 below) If selected for an award, the following will be sought within 45 days of a notice of award:

11. SDP Plan Form #2 – Declaration of SDP Partners

7.1 Supplier Diversity Program (SDP)

Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with M/WBEs, M/WNPOs, VBEs and SDVOBEs: All respondents are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier Diversity Office (SDO). Respondents must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract. Partnerships are expected through approved subcontracts or can be demonstrated through the day to day practices of the respondent (for example, sources of services required to maintain offices or fleet management).

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for this solicitation.

Once an SDP commitment is approved, the agency will monitor the selected vendor’s performance, and use the vendor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own Supplier Diversity benchmarks. The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

SDP Forms: Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources:

· Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at www.mass.gov/sdo.

· Resources to assist Prime Bidders in finding potential Certified Partners can be found at www.mass.gov/sdp.

· The Operational Services Division offers trainings on compliance with the SDP Plan requirements. Registration information for upcoming trainings can be found on the Supplier Diversity Program Trainings webpage.

8 HOW TO SUBMIT A RESPONSE

Interested vendors are encouraged to submit their responses electronically using COMMBUYS. All records on COMMBUYS are comprised of multiple tabs, or pages. Each tab contains data and/or file attachments. All are incorporated into the Bid.

Useful links:

· Job aid on how to submit a quote: https://www.mass.gov/files/documents/2019/03/19/Create-Quote-In-COMMBUYS.pdf

· Webcast: How to Locate and Respond to a Bid in COMMBUYS, which will familiarize Bidders with COMMBUYS terminology, basic navigation, and provide guidance for locating bid opportunities in COMMBUYS and submitting an online quote.

· Bidder may contact the COMMBUYS Help Desk at COMMBUYS@state.ma.us or call during normal business hours (8AM – 5PM, Monday – Friday except on federal, state and Suffolk County holidays) at 1-888-MA-STATE.

· It is each Bidder’s responsibility to check COMMBUYS for:

· Any addenda or modifications to this Bid, by monitoring the Amendment tab, and

· Any other records related to this Bid.

MassDOT accepts no responsibility and will provide no accommodation to Bidders who submit a response based on an out-of-date Bid or on information received from a source other than COMMBUYS.

This RFR is released during the Covid pandemic in 2020. In keeping with MassDOT's Covid Response Strategy, responses will be accepted via email as we understand many are likely working from remote locations and may have limited digital access. Responses may be submitted by email to john.a.clarkeson@dot.state.ma.us Bruce.J.Sylvia@dot.state.ma.us. To ensure arrival, put DIVER RFR in the subject line.

9 Required Terms

9.1.1 Alterations

Vendors may not alter (manually or electronically) the RFR language or any solicitation component files, except as directed in this RFR. Modifications to the body of the RFR, specifications, terms and conditions, or which change the intent of this RFR are prohibited and may disqualify a response.

9.1.2 Ownership of Submitted Quotes

MassDOT shall be under no obligation to return any response or materials submitted by a vendor in response to this solicitation. All materials submitted by vendors become the property of MassDOT and will not be returned. MassDOT reserves the right to use any ideas, concepts, or configurations that are presented in a response, whether or not the response/vendor is selected for Contract award.

9.1.3 Prohibitions

Vendors are prohibited from communicating directly with any employee of MassDOT regarding this RFR except as specified in this RFR, and no other individual MassDOT employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Vendors may contact the contact person using the information provided on the Header Information this solicitation in the event that this RFR is incomplete or information is missing. Vendors experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the MassDOT’s Standard Contract Form, by submitting a response, the vendor verifies that any response or quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other vendor/supplier of the commodities and/or services described herein.

9.2 Terms and Requirements Pertaining to Awarded Contracts

9.2.1 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

9.2.2 Vendor Contact Information

It is the vendor’s responsibility of the to keep current the email address of the vendor’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from MassDOT, including requests for clarification.

MassDOT assumes no responsibility if a prospective vendor’s designated email address is not current, or if technical problems, including those with the vendor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and MassDOT to be lost or rejected by any means including email or spam filtering.

9.2.3 Publicity

Any vendor awarded a contract under this RFR is prohibited from selling or distributing any information collected or derived from the contract or resultant purchase order, including lists of participating Eligible Entities, MassDOT employee names, telephone numbers or addresses, or any other information except as specifically authorized by MassDOT.

9.2.4 Standards of Performance and Qualifications

Each responding vendor affirms that it is qualified and shall at all times remain qualified to perform as anticipated by the stated goals/objectives of this solicitation. The performance shall be timely and meet or exceed industry standards for the performance required, and vendors shall obtain and maintain all requisite licenses, registrations, permits and resources for performance. Vendors further agree that all services provided will conform to the professional industry standards of care and practice customarily provided by comparable firms engaged in performing comparable services. The personnel furnishing the services will be qualified and competent to perform the services assigned to them. The recommendations, guidance and performance of these personnel will meet such standards of knowledge, judgment and care. Vendors further agree that the services will be free from errors that are the result of the Bidder’s negligent failure to conform to those standards.

Each contractor’s performance will be evaluated on an ongoing basis. This evaluation will be used to determine whether or not to exercise any option to renew. Renewal of contracts will be at the full discretion of the agency and subject to the performance evaluation.

Each responding vendor must certify that it is listed under the Commonwealth of Massachusetts Secretary of State’s website as licensed to do business in Massachusetts, as required by law.

10 INSURANCE

Bidders shall certify on letterhead their understanding and agreement that during the term of any contract arising out of this RFR, the successful Bidder shall continually maintain, with insurance carriers licensed to do business in the Commonwealth of Massachusetts:

i. Commercial General Liability insurance with limits at least equal to One Million Dollars ($1,000,000.00) per occurrence for bodily injury and property damage, One Million Dollars ($1,000,000.00) for personal injury and Two Million Dollars ($2,000,000.00) in the general aggregate. Coverage shall also include limits at least equal to Two Million Dollars ($2,000,000.00) for products and completed operations. All Commercial General Liability coverage shall continue for seven (7) years following completion of the contract. Coverage shall be equivalent to ISO Form CG 01 01 12 07. Coverage shall be provided on a first dollar basis without a deductible. Any Commercial General Liability policy subject to a deductible must be approved in writing in advance by MassDOT;

ii. Automobile Liability insurance with limits at least equal to One Million Dollars ($1,000,000.00) per accident, bodily injury and property damage combined. Coverage shall include non-owned and hired liability;

iii. Workers’ Compensation insurance as follows:

1) Coverage A Workers’ Compensation: Statutory as required by Massachusetts law.

2) Coverage B Employer’s Liability: (i) bodily injury by accident One Million Dollars ($1,000,000.00) each accident, (ii) bodily injury by disease One Million Dollars ($1,000,000.00) each employee and (iii) bodily injury by disease One Million Dollars ($1,000,000.00) policy limit; and

iv. Umbrella insurance with limits at least equal to Ten Million Dollars ($10,000,000.00) per occurrence and Ten Million Dollars ($10,000,000.00) in the aggregate. Self-insured retention shall not exceed Ten Thousand Dollars ($10,000.00). Coverage shall be equivalent or broader than the coverage afforded on the underlying Commercial General Liability, Automobile Liability and Employer’s Liability grant within the Workers’ Compensation policy.

v. Errors and Omissions Liability Insurance with limits of not less than twice the value of the contract in aggregate for the period beginning with the effective date of the contract and ending on the date of final acceptance or the end of the warranty period whichever occurs later. The policy must include an endorsement that provides a discovery period of three (3) years following the date of final acceptance, and its coverage must extend to and include liability for infringement of intellectual property rights, development and implementation of software that enables access to data over the Internet and the warranty obligations.

All policies shall have a minimum AM Best Rating of A. All policies shall contain a waiver of subrogation in favor of MassDOT and the Workers’ Compensation policy shall be specifically endorsed to provide such waiver.

The successful Bidder shall provide certificates of insurance evidencing the foregoing coverage prior to the commencement of performance. The successful Bidder shall, through the term of the contract, provide to MassDOT certificates of insurance evidencing renewal and continuation of this insurance prior to the expiration of any policy. Each insurer will provide notification to MassDOT in writing thirty (30) days in advance of the cancellation, non-renewal, or material change in coverage of the policy.

The successful Bidder shall cause its subcontractors to purchase, carry, and maintain all insurance coverage and coverage limits that this RFR requires the successful Bidder to have.

The cost of the insurance that the successful Bidder and its subcontractors are required to purchase, carry, and maintain is an item that is included in the fixed proposal price.

11 other Specifications

Issue Date:

November 1, 2005

Refresh Date:

June 6, 2016

The following RFR provisions appear in this section at the department’s discretion. If a specification is selected by the department, it is required of the bidder.

Access to Security-Sensitive Information. This solicitation contains security-sensitive information which, pursuant to MGL c. 4, s. 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to M.G.L. c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the commonwealth.

Qualified prospective bidders that are interested in accessing this information for the purpose of preparing a bid response must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

1. restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

2. safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and

3. return such records and materials to the Commonwealth upon completion of the project.

Alternatives. A response which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, bidders may submit responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated RFR specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications.

The department will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

Contractors may also propose alternatives for equivalent, better or more cost effective performance than specified under the contractor’s original response to enable the department to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

Brand Name or Equal. Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

Debriefing. (This specification is at the department’s discretion for non-POS RFRs.) Non-successful bidders may request a debriefing from the department. Department debriefing procedures may be found in the RFR. "POS" refers to Purchase of Service (POS) human and social services procured under 801 CMR 21.00, Procurement of Commodities or Services, Including Human and Social Services and 808 CMR 1.00, Compliance, Auditing and Reporting and for Human and Social Services.

Emergency Standby Commodities and/or Services. Due to a declaration of a state of emergency where the safety and well-being of Commonwealth citizens are at risk, the Commonwealth of Massachusetts may request specific commodities and/or services from its contractors. Contractors may be called upon to supply and/or deliver to the Commonwealth on a priority basis such commodities and/or services currently under contract.

Such accommodations may be requested from a contractor during an actual emergency. To accommodate such requests, contractors may be requested and must make every effort to service these requests from regular sources of supply at the rates set forth in any standard contract resulting from this RFR.

Environmentally Preferable Products and Services. The department and contractor(s) may negotiate during the contract term to permit the substitution or addition of Environmentally Preferable Products (EPPs) when such products are readily available at a competitive cost and satisfy the department’s performance needs.

Estimated Provisions. The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of bidders, and are not to be relied upon as any indication of future purchase levels.

Performance and Payment Time Frames Which Continue Beyond the Duration of the Contract. All term leases, rentals, maintenance or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, rentals, maintenance or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance or other agreements for service, which were executed pursuant to the main contract.

Reverse Auction Participation and Payment. In addition to negotiations and Best and Final Offers (BAFOs) that may be conducted with bidders pursuant to 801 CMR 21.00, the SST will be conducting a Reverse Auction subsequent to the submission of proposals. After the conclusion of the reverse auction and the determination of the winning bidder(s), the winning bidder(s) will be responsible for paying the cost for this reverse auction, not to exceed $3,000 per event, directly to the Commonwealth’s reverse auction contractor. That payment must be made within 30 days of the end of the auction event or of the contract award date, whichever is later. In the case of multiple winners, the department will determine how payments will be made in a fair and equitable manner. In addition, the SST reserves the right to employ the use of reverse auctions at any time during the contract term under the same payment terms as referenced above in this section.

12 MassDOT Response Form

Divers’ Equipment: Sales, Parts, Service The following requested information is a requirement of the Request for Response (RFR). Failure to complete all sections of this form may be cause for the bid to be deemed as non-responsive and may result in disqualification.

Once completed, save the file and submit via Commbuys using the following naming protocol: 2020_DIVE_Response_CompanyName. (Note: Please be neat or type in responses – illegible responses will not be accepted!)

Company Information Legal Company Name

Address (Street, City, State, Zip)

Main Phone Number

Fax Number

Massachusetts Vendor Code (if known)

VC

Website

Number of Years in Business, including the year the business was established

Contract Account Manager

Name

Direct Dial Number

Fax Number

Email

Brief statement of business type – (parts, service offered)

Brief statement of experience

Hourly rates

Parts: percent discount from list/catalogue

Delivery Charges

Describe the manufacturer of equipment for which parts/services are provided

Geographic Service Area

Indicate with an X the county(s) where services/delivery are offered, including the average response/delivery time.

_ Statewide

_ Essex

_ Nantucket

_ Barnstable

_ Franklin

_ Norfolk

_ Berkshire

_ Hampden

_ Plymouth

_ Bristol

_ Hampshire

_ Suffolk

_ Dukes

_ Middlesex

_ Worcester

All responses must also include the additional forms shown below. Each are available with the solicitation posting on Commbuys.

Business Reference Form (provide at least three relevant business references) Prompt Payment Discount Form Supplier Diversity Form 1

These will be considered as part of the evaluation.

This response is submitted by:

Print Name

Title

Signature

Date Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on � HYPERLINK "http://www.COMMBUYS.com" �www.COMMBUYS.com�. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at � HYPERLINK "mailto:COMMBUYS@state.ma.us" �COMMBUYS@state.ma.us� or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

� � HYPERLINK "https://www.mass.gov/service-details/find-a-statewide-contract-user-guide" �https://www.mass.gov/service-details/find-a-statewide-contract-user-guide�

� MassDOT may be cited as a reference